Ascic v Comcare (No 2) [2023] FCA 319

Ascic v Comcare (No 2) [2023] FCA 319

Given the applicant's lack of success and the absence of any grounds for refusing or reducing costs, and having been satisfied on the material provided by the respondent regarding the calculation and reasonableness of the claimed sum, the respondent is entitled to a lump sum costs order in the amount sought.

Parties
Applicant: Marko Ascic; Respondent: Comcare
Jurisdiction
Australia
Judgment Date
06 April 2023
Procedural Posture
Application Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) (appeal) / Costs Determination After Dismissal of Application
Outcome
Application for lump sum costs order granted
Legal Topics
Costs, Lump Sum Costs, Party and Party Costs, Federal Court Procedure
Administrative Law Costs Lump Sum Costs Party and Party Costs Federal Court Procedure

Case Brief

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Parties

Marko Ascic

Applicant

Comcare

Respondent

Procedural Posture

Application Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) (appeal) / Costs Determination After Dismissal of Application

Legal Issues

  1. 1 Whether the respondent is entitled to costs following dismissal of application
  2. 2 Appropriateness and quantum of lump sum costs award

Ratio Decidendi

Given the applicant's lack of success and the absence of any grounds for refusing or reducing costs, and having been satisfied on the material provided by the respondent regarding the calculation and reasonableness of the claimed sum, the respondent is entitled to a lump sum costs order in the amount sought.

Court Disposition

Application for lump sum costs order granted

Orders

  • The applicant is to pay the respondent's costs of the application fixed in the sum of $17,512.77.